FCPA Boot Camp

Location: The Blackstone Renaissance Hotel, Chicago, IL

Kathryn Cameron Atkinson will speak on the following topics:

Conducting FCPA Due Diligence in Mergers and Acquisitions and Joint Venture Transactions

  • What prospective acquirers should look for in a target's
    FCPA compliance
  • How due diligence process defers for joint venture partners
  • Determining if the risk of undisclosed FCPA violations is present
  • Assessing the effectiveness of the target's internal FCPA
    compliance controls
  • Evaluating procedures the target company has in place to
    identify and mitigate FCPA risks
  • Reviewing target's written agreements with all international
    agents and third parties
  • What to do if due diligence efforts reveal problems
    • disclosure to the DOJ and SEC
    • conduct of a joint investigation
    • role of outside counsel
    • forensic auditors
    • interviews/evidence summaries/real time updates
  • Securing a disposition prior to closing and other
    transactional issues
  • Post-closing compliance requirements
    • continuing cooperation and disclosures
    • disciplinary actions
    • compliance programs and internal controls in the new entity

Understanding the Limits of Gift Giving, Facilitating Payments and Hospitality

  • Contractually-mandated hospitality: how to handle it and what is reasonable
  • Pure hospitality ("relationship building"): when is it considered promotion, demonstration, or explanation of products and services
  • Spouses and children: when is hospitality permitted?
  • Gifts and meals: what is reasonable and customary
  • Best practices for business travel
  • The FCPA's definition of facilitating payments: when does grease become a bribe?
  • Preparing for increased scrutiny of facilitating payment
  • Monitoring facilitating payments and third parties
  • Extortion, duress and customs - are they defenses?
Related Files
Related Links